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ELROD v. GENERAL CAS. CO. OF WISCONSIN

No. 19721.

566 N.W.2d 482 (1997)

1997 SD 90

Eugene ELROD and Susan Thompson, Plaintiffs, v. GENERAL CASUALTY COMPANY OF WISCONSIN, a/k/a General Casualty Insurance Companies, an insurance corporation, Defendant and Appellant, and DeSmet Insurance Company of South Dakota, an insurance corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 16, 1997.

Attorney(s) appearing for the Case

Steven W. Sanford of Cadwell, Sanford, Deibert & Garry, Sioux Falls, for defendant and appellant.

Thomas Frankman and Sandra K. Hoglund of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for DeSmet Ins. Co.

AMUNDSON, Justice.

[¶ 1.] The trial court granted a summary judgment in favor of DeSmet Insurance Company (DeSmet), finding that any underinsured motorist (UIM) coverage DeSmet provided for Elrod would be excess. General Casualty Company (General Casualty) appeals, as it was found to be the primary insurer. We affirm.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] On July 30, 1992, Sheldon Haas (Haas) was driving an automobile which collided with...

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